Rajendra Soren vs The State Of Jharkhand
2021 Latest Caselaw 2922 Jhar

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    I.A. No.2499 of 2020
                           In
             Cr. Appeal (S.J.) No.207 of 2020

     Rajendra Soren                           ......      Appellant
                            Versus
     The State of Jharkhand                   .....    Respondent
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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     For the Appellant      : Mr. Amit Kumar Das, Advocate
     For the State          : Ms. Ruby Pandey, A.P.P.
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          The matter was taken up through Video

Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

07/Dated: 16th August, 2021 I.A. No.2499 of 2020

1. This interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of ad-interim bail, to the appellant, during the pendency of the appeal.

2. The appeal has been preferred against the judgment of conviction dated 23.01.2020 and order of sentence dated 28.01.2020, passed by the court of learned Additional Sessions Judge - II, Ghatshila, East Singhbhum, in Sessions Trial No.178 of 2019, whereby the appellant has been convicted for the offence under Section 376 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment of seven years and to pay a fine of Rs.10,000/- (Ten thousand), in default thereof, to suffer simple imprisonment of one year.

3. Learned counsel for the appellant has submitted that the prosecutrix, who is the mother of two children aged 14 and 16 years, has alleged the commission of rape upon her by this appellant on the false pretext of marriage. It has been submitted that the appellant and the prosecutrix, both have lived as the husband and wife and further there was panchayati also. It has been further submitted by the learned counsel for the appellant that every false promise of marriage does not constitute the offence under Section 376 of the I.P.C.

4. On the other hand, learned A.P.P has opposed the prayer for bail.

5. In the attending facts and circumstances of the case, I am inclined to suspend the sentence and enlarge the appellant on bail, during the pendency of the appeal, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - II, Ghatshila, East Singhbhum, in connection with S.T. No.178 of 2019, subject to the condition that the appellant shall deposit the fine amount of Rs.10,000/- (Ten thousand) in the court below, which shall be released in favour of the victim.

6. The appellant shall remain present before the Court when the appeal is taken up for hearing, failing which his bail shall be cancelled.

7. I.A. No.2499 of 2020 stands allowed.

(Rajesh Kumar, J.) Chandan/-